How to File for Custody in Tennessee: Steps, Fees, and Where to File

Filing for custody in Tennessee follows a structured legal process with specific courts, required forms, and strict timelines. Whether you're filing as part of a divorce or as an unmarried parent seeking a parenting plan, here's what you need to know.

Where to File

Custody petitions in Tennessee are filed in either Circuit Court or Chancery Court. Which court depends on your county — some counties route family cases to Circuit Court, others to Chancery Court, and some have both available. Call your county clerk's office to confirm which court handles custody matters in your area.

Jurisdiction rule: File in the county where the child has lived for the past six months. If the parents live in different counties, you typically file where the child's primary residence is located.

Residency requirement: At least one parent must have been a Tennessee resident for six months before filing. This requirement can be waived if the grounds for the case arose in Tennessee or in domestic violence emergencies.

Filing Fees

Court filing fees vary by county but generally fall in the $250–$350 range. Davidson County (Nashville), for example, charges approximately $309.50 for cases involving minor children.

If you can't afford the filing fee, Tennessee allows you to file a Uniform Civil Affidavit of Indigency to request a fee waiver. The court reviews your financial situation and may waive or reduce the fee.

Additional costs to budget for:

• Service of process: $40–$75 for the sheriff to deliver papers to the other parent (Davidson County charges about $52)
• Copies: Approximately $0.50 per page for certified copies
• Mediation fees: $100–$300 per hour if the case is contested (typically split between parents)

Required Forms and Documents

For a custody case filed as part of a divorce with minor children, you'll typically need:

1. Complaint for Divorce (or Petition for Custody if unmarried) — the initial filing that starts the case
2. Summons — the court-issued document that formally notifies the other parent
3. Permanent Parenting Plan — the mandatory AOC form detailing residential schedules, decision-making, and child support
4. Child Support Worksheet — calculates the support obligation using both parents' incomes and parenting days
5. Income and Expense Statement — your financial disclosure

For an agreed divorce (irreconcilable differences), you'll also need a signed Marital Dissolution Agreement covering property division and debts.

The Step-by-Step Process

Step 1: File the complaint. Submit your paperwork and pay the filing fee at the clerk's office. You'll receive a case number and a court date.

Step 2: Serve the other parent. The other parent must be formally served with the complaint — either by the county sheriff, a private process server, or through a signed Waiver of Service if they're cooperating. They then have 30 days to file a response.

Step 3: Complete the parenting education seminar. Both parents must attend a court-approved four-hour parenting class as soon as possible after filing. This is mandatory under T.C.A. § 36-6-408 and covers child development, co-parenting communication, and adverse childhood experiences.

Step 4: Attend mediation (if contested). If any custody issues are disputed, Tennessee courts require Rule 31 mediation before scheduling a trial. Mediation must occur within 180 days of the initial filing.

Step 5: Submit proposed parenting plans. If mediation fails, each parent must file their own proposed Permanent Parenting Plan at least 45 days before the trial date. Failing to file a plan risks the court adopting the other parent's proposal by default.

Step 6: Trial and final order. The judge hears evidence, applies the 15 best-interest factors, and enters the final decree with an approved Permanent Parenting Plan.

Timeline

Cases with minor children have a mandatory 90-day waiting period from filing to finalization (60 days for couples without children). Agreed cases can finalize shortly after the waiting period ends. Contested cases involving mediation and trial can take 6–12 months or longer depending on the court's docket.

After the final decree, both parties have a 30-day appeal window.

Filing as an Unmarried Parent

If you're not married to the other parent, you file a Petition for Custody (or Petition to Establish a Parenting Plan) rather than a Complaint for Divorce. Unmarried fathers must first establish legal paternity — through a Voluntary Acknowledgment of Paternity, a Mutual Paternity Agreement, or court-ordered DNA testing — before they can petition for parenting time.

The Tennessee Child Custody & Parenting Plan Guide walks through the filing process step by step, including form-by-form instructions for the mandatory Permanent Parenting Plan and child support worksheet.

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